Ex Parte Stephenson - Page 1



                       The opinion in support of the decision being entered today                          
                                  is not binding precedent of the Board.                                   
                                                                                                          
                       UNITED STATES PATENT AND TRADEMARK OFFICE                                           
                                               __________                                                  
                             BEFORE THE BOARD OF PATENT APPEALS                                            
                                        AND INTERFERENCES                                                  
                                               __________                                                  
                                     Ex parte GARY STEPHENSON                                              
                                               __________                                                  
                                            Appeal 2007-4245                                               
                                         Application 09/489,3101                                           
                                              ___________                                                  
                                      Decided:  26 September 2007                                          
                                              ___________                                                  
               Before ADRIENE LEPIANE HANLON, RICHARD TORCZON, and                                         
               MICHAEL P. TIERNEY, Administrative Patent Judges.                                           
               HANLON, Administrative Patent Judge.                                                        
                                        DECISION ON APPEAL                                                 
                      A. STATEMENT OF CASE                                                                 
                      Appellant appeals under 35 U.S.C. § 134 from a final rejection of                    
               claims 23-31.  We have jurisdiction under 35 U.S.C. § 6(b).                                 
                      The Appellant’s invention is directed to a method of treating dental                 
               erosion comprising orally administering to a mammal in need thereof a                       
               beverage composition having a pH of less than about 5 wherein the beverage                  
               composition comprises a polyphosphate compound.                                             
                                                                                                          
               1 The real party in interest is The Procter & Gamble Company.                               



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